Skip to main content

Management of defaulting firms must step aside, says apex court

Management of defaulting firms must step aside, says apex court
The Supreme Court has ruled the management ofacompany undergoing bankruptcy proceedings cannot continue in its role.

The court clarified a number of contentious issues, empowering the National Company Law Tribunal (NCLT) in recovering dues.

“Having heard both the learned counsel at some length, and because this is the very first application that has been moved under the Code (Insolvency and Bankruptcy Code), we thought it necessary to deliveradetailed judgment so that all courts and tribunals may take notice ofaparadigm shift in the law,” JusticeRFNariman said. “Entrenched managements are no longer allowed to continue in management if they cannot pay their debts,” he added.

This bolsters the Insolvency and Bankruptcy Code, which says once an insolvency professional is appointed by creditors, the management should step aside and let the company be run by the professional.

The insolvency professional, in turn, will decide if the company must go in for liquidation after six months.The Supreme Court was delivering its verdict inamatter between Innoventive Industries and ICICI Bank, the first case filed in December 2016 in Mumbai under the Insolvency and Bankruptcy Code.

The bank had sued Pune based Innoventive Industries over nonpayment of dues.The steelmaker owes banks over Rs 950 crore.

After the NCLT ruled in favour of ICICI Bank, Innoventive Industries moved the Bombay High Court and the appellate tribunal, challenging the validity of the Insolvency and Bankruptcy Code and demanding borrowers be heard before creditors during insolvency proceedings.

The appellate tribunal upheld the verdict.

In February, the Bombay Court disposed of the writ petition by company.

The SC´s judgment follows this, where the apex court clarifiedanumber of issues that could be used by defaulting companies to proceedings of the NCLT.

up the judgment,LV is wanathan and Indranil Deshmukh, partners of law firm Cyril Amarchand Mangaldas, wrote in their blog that the broad issues before the SC were to explore what was the concept of default under the Insolvency and Bankruptcy Code and how it must be ascertained; what was the scope and extent of enquiry at the admission of an insolvency application; and what was the scope of hearing to be provided to a corporate debtor.

The court also examined whether protection granted under the Maharashtra Relief Undertaking Act rendered an application under the Insolvency and Bankruptcy Code not maintainable.

Innoventive Industries had appealed that it could not be called a defaulter because the Maharashtra government had notifiedasuspension of its dues for a period of one year up to July 2017. The Supreme Court ruled in matters of contention between state laws and those of the Centre´s, the latter should prevail.

“The judgment is truly progressive, forward looking and path breaking, and should pave the way for efficient and effective implementation of the Insolvency and Bankruptcy Code through adherence to timelines specified,” Viswanathan and Deshmukh wrote in their blog.

Time was of essence in insolvency proceedings, Justice Nariman ruled, adding admission of default should be made by the authorities within 14 days of the receipt of the application.

In case a debtor has defaulted, the adjudicating authority has to merely see the evidence produced by the creditor to satisfy itself that there was indeed a default.

The Business Standard, New Delhi, 02nd September 2017

Comments

Popular posts from this blog

Credit card spending growth declines on RBI gaze, stress build-up

  Credit card spends have further slowed down to 16.6 per cent in the current financial year (FY25), following the Reserve Bank of India’s tightening of unsecured lending norms and rising delinquencies, and increased stress in the portfolio.Typically, during the festival season (September–December), credit card spends peak as several credit card-issuing banks offer discounts and cashbacks on e-commerce and other platforms. This is a reversal of trend in the past three financial years stretching to FY21 due to RBI’s restrictions.In the previous financial year (FY24), credit card spends rose by 27.8 per cent, but were low compared to FY23 which surged by 47.5 per cent. In FY22, the spending increased 54.1 per cent, according to data compiled by Macquarie Research.ICICI Bank recorded 4.4 per cent gross credit losses in its FY24 credit card portfolio as against 3.2 per cent year-on-year. SBI Cards’ credit losses in the segment stood at 7.4 per cent in FY24 and 6.2 per cent in FY23, the...

SFBs should be vigilant, proactive to mitigate risks: RBI deputy guv

  The Reserve Bank of India’s Deputy Governor Swaminathan J on Friday instructed the directors of small finance banks (SFBs) to be vigilant and proactive in identifying emerging risks in the sector.Speaking at a conference for directors on the boards of SFBs, Swaminathan highlighted the role of governance in guiding SFBs towards sustainable growth with stability. He also emphasised the importance of sustainable business models.Additionally, he highlighted the need for strengthening cybersecurity to protect the entities against digital threats and urged for a stronger focus on financial inclusion, customer service, and grievance redressal to ensure a broader reach of banking services.Executive Directors S C Murmu, Rohit Jain, and R L K Rao, along with other senior officials representing the Supervision, Regulation, and Enforcement Departments of the RBI, also participated in the conference.   -  Business Standard  30 th  September, 2024

Brigade Hotel Ventures files draft papers with Sebi for Rs 900 crore IPO

  Brigade Hotel Ventures Ltd, owner and developer of hotels in South India, has filed draft papers with capital markets regulator Sebi to raise Rs 900 crore through an initial public offering (IPO).The proposed IPO is entirely a fresh issue of equity shares with no Offer-for-Sale (OFS) component, according to the draft red herring prospectus (DRHP).Proceeds from the issue to the tune of Rs 481 crore will go towards payment of debt, Rs 412 crore will be allocated to the company and Rs 69 crore to its material subsidiary, SRP Prosperita Hotel Ventures Ltd.Additionally, Rs 107.52 crore will be used to purchase an undivided share of land from the Promoter, BEL, and the remaining funds will support acquisitions, other strategic initiatives, and general corporate purposes.The company may raise up to Rs 180 crore through a Pre-IPO Placement.   If the placement is undertaken, the issue size will be reduced.Brigade Hotel Ventures Ltd is a wholly-owned subsidiary of Brigade Enterprises ...